ECA Environmental & Product Liability Litigation Report

The Roux ECA team is pleased to introduce ECA’s Environmental & Product Liability Litigation Report, or ECA Blog, for our clients and other interested parties. The report will track emerging trends in environmental and mass tort litigation and provide information and commentary on tort and bankruptcy litigation rulings, legislation, state and federal environmental regulations, insurance coverage issues, and scientific and medical evidentiary matters.

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Benton Harbor Residents File Lawsuit Alleging Lead Contamination

December 29, 2021

Residents of Benton Harbor, Michigan filed a lawsuit on Dec. 29 in Michigan’s Court of Claims, alleging the Michigan Department of the Environment (MDE) failed to stop lead-contaminated water from being distributed to the town’s public water system. The lawsuit,...

Settlement May Be in Sight Between Altria, Juul, and Investors

December 14, 2021

In an unopposed settlement proposal brought before a Virginia federal court on Dec. 16, investors moved for initial approval from the court for a $90 million settlement deal with Altria Group Inc. The settlement would resolve litigation over alleged claims...

E-Cigarette Retailer Settles with Massachusetts Over Youth Marketing

December 10, 2021

Former e-cigarette retailer Eonsmoke and its co-owners settled with the state of Massachusetts on Dec. 9, 2021, announced Attorney General (A.G.) Maura Healey. The settlement includes monetary payments and orders Eonsmoke to cease selling, distributing, marketing, or advertising any tobacco...

California Judge Finds Drugmakers Not Liable in Opioid Crises

November 01, 2021

In a landmark bench trial, a California state judge on Nov. 1 found that drugmakers are not liable for contributing to the opioid crisis. Orange County Superior Court Judge Peter J. Wilson released a 42-page tentative ruling rejecting claims brought...

Georgia Talc Cases Dismissed After Plaintiff’s Talc Expert Fails To Prove Causation

October 28, 2021

A three-judge panel of a Georgia appellate court on Oct. 28 dismissed four talc cases after finding that a plaintiff’s medical expert failed to prove that talc exposure was the proximate cause of the plaintiff’s injuries. The Georgia Court of...

Johnson & Johnson Files Unit for Bankruptcy to Resolve Talc Liabilities

October 14, 2021

LTL Management Inc. (LTL) filed for bankruptcy protection in the Western District of North Carolina on Oct. 14, seeking to resolve thousands of talc personal injury claims filed against it in state and federal courts around the country. LTL is...